State of Iowa
v.
Jasmaine R. Warren
Jasmaine Warren seeks further review from the court of appeals decision affirming her conviction for driving while revoked. Warren argues she was illegally seized in violation of the Fourth Amendment to the U.S. Constitution and article I, section 8 of the Iowa Constitution, and that trial counsel was ineffective for failing to file a motion to suppress.
Resister
State of Iowa
Complainant
Jasmaine R. Warren
Attorney for the Resister
Israel Kodiaga
Attorney for the Complainant
Gina Messamer
Supreme Court
Oral Argument Schedule
15-15-5
Oct 15, 2020 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Bower, C.J., and Vaitheswaran, Doyle, Tabor, Mullins, Greer, Schumacher, and Ahlers, JJ. Opinion by Mullins, J. Partial Dissents by Vaitheswaran and Tabor, JJ. (39 pages)
Jasmaine Warren appeals following her convictions of second-offense operating while intoxicated (OWI) and driving with a revoked license. On appeal, Warren challenges the sufficiency of the evidence supporting the OWI conviction and argues her counsel rendered ineffective assistance in failing to seek suppression of evidence on the basis that she was subjected to an unconstitutional seizure. OPINION HOLDS: We reverse Warren’s OWI conviction and remand the matter for a new trial on that count. We find trial counsel was not ineffective as alleged and thus affirm Warren’s conviction of driving while revoked. PARTIAL DISSENT ASSERTS: I concur in part and dissent in part. I concur in Part A of the majority opinion. I dissent from Part B of the majority opinion. I would decline to reach the ineffective-assistance-of-counsel issue for the reasons stated in footnote 18 of the dissent. PARTIAL DISSENT ASSERTS: I respectfully dissent on the ineffective-assistance-of-counsel issue. It is ill-advised to reject Warren’s complaint on direct appeal—and, in doing so, decide a question of first impression in Iowa—without a full airing of the facts bearing on the suppression challenge. But if compelled to decide the question on the record we do have, I would find Warren proved by a preponderance of the evidence that her counsel breached a duty by not moving to suppress and prejudice resulted. Warren’s parking violation did not authorize police to seize her in place of issuing a ticket.